People (Attorney General) v Shribman and Samuels

JurisdictionIreland
Judgment Date08 March 1946
Date08 March 1946
CourtCourt of Criminal Appeal
(C.C.A.),
The People (Attorney-General)
and
Shribman and Samuels

Emergency legislation -Emergency Powers Order - Construction - Export of specified articles prohibited "otherwise than under . . . licence" - "Cutlery, hardware, implements and instruments" - Whether a watch is an "instrument" - Onus of proof - Whether complainant must prove non-existence of licence -Proof of Order - Subsequent Order providing Courts shall take judicial notice of Orders -Retrospective effect of Order - Validity of Order - Special Criminal Court - Amendment of indictment - Conspiracy - Uncorroborated evidence of accomplices - Accomplices convicted, but not sentenced at date of trial - Emergency Powers Act, 1939 (No. 28 of 1939), s. 2, sub-s. 2; s. 5, sub-s. 2 - Emergency Powers (Continuance and Amendment) Act, 1942 (No. 19 of 1942), s. 8 - Emergency Powers (Control of Export) Order, 1940 (Stat. R. Or. 1940, No. 149) Art. 3 -Emergency Powers (No. 373) Order, 1946 (Stat. R. Or. 1946, No. 16) Art. 2; Art. 3 (1).

The two accused were charged before the Special Criminal Court with "conspiracy to export scheduled articles otherwise than under and in accordance with the provisions of Article 3 of the Emergency Powers (Control of Export) Order, 1940, contrary to s. 5 of the Emergency Powers Act, 1939 as amended by s. 8 of the Emergency Powers (Continuance and Amendment) Act, 1942." The indictment was amended at the trial by the insertion of the sub-section to s. 5 of the Act of 1939, making the indictment read "contrary to s. 5, sub-s. 2, of the Emergency Powers Act, 1939,"etc. The particulars of the offence were that they conspired together and with other persons "to export scheduled articles (within the description cutlery, hardware, implements and instruments), to wit, watches," without a licence. The Emergency Powers (Control of Export) Order, 1940 was not proved at the trial. Both the accused were convicted. One of the accused was sentenced to three years' penal servitude and fined £4,500, and the other was sentenced to two years' imprisonment and fined £3,000. In both cases the sentences were not to be served if the respective fines were paid within two months. Both accused applied to the Court of Criminal Appeal for leave to appeal against the conviction and sentence. On the application for leave to appeal the Court was asked to receive the Emergency Powers (No. 373) Order, 1946, Art. 3 (1) of which provides:—"Every Government Order, including this Order, and every...

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3 cases
  • McGowan v Carville
    • Ireland
    • Supreme Court
    • 1 January 1961
    ...662. (1) 4 B and A. 95, at p. 140. (2) [1952] I. R. 304. (3) [1955] 1 W. L. R. 325. (4) [1955] 1 All E. R. 793. (5) [1944] K. B. 68. (6) [1946] I. R. 431. (1) [1955] 1 W. L. R. (1) [1955] 1 W. L. R. 325. ...
  • Attorney General (Ryan) v Egan
    • Ireland
    • High Court
    • 19 October 1948
    ...2 All E. R. 311. (2) 82 I. L. T. R. 79. (3) 83 Sol. J. 439. (4) [1892] 2 Q. B. 25. (5) I. R. 8 C L. 404. (6) L. R. 1 C. C. R. 349. (7) [1946] I. R. 431. (8) 7 Cox C. C. 337. (1) 82 I. L. T. R. 79. (2) [1944] 2 All E. R. 311. ...
  • People (Attorney General) v Martin
    • Ireland
    • Court of Criminal Appeal
    • 28 May 1956
    ...App. R. 203. (8) 5 Cr. App. R. 135. (9) 5 Cr. App. R. 270. (10) [1925] 2 I. R. 73. (11) [1927] I. R. 503. (12) [1932] I. R. 158. (13) [1946] I. R. 431. (14) [1945] I. R. 305. (1) 5 Cr. App. R. 135. (2) 5 Cr. App. R. 270. (3) 10 Cr. App. R. 219. (4) 8 Cr. App. R. 84. ...

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